Help please - my husband not paying the mortgage

Tammykitty

The flat and the house are marital assets, so this is probably why you can't just evict your husband. It doesn't matter what name they are in


If the mortgage and deeds were solely in husbands name - would he be able to just evict the wife and children.


I think both parties to a marriage have a right to live in the marital home, regardless of the name on a mortgage/deeds - now in this case, it is complicated by the fact the flat isn't the marital home - but he could just move back into the marital home if you evict him

Comms69

-taff wrote: »

Get in touch with your solicitor and ask why you can't evict him.


And to the poster who said why do you own two houses, who cares why? She does. Lots of people do. It's not unusual nor something to pick on.

actually it does matter; if it was bought to let out...

Out,_Vile_Jelly

OP needs to speak to a divorce lawyer and get specialist advice on the relevant marital assets involved. It is a price worth paying to get this clarified as it sounds like a complete mess.

I imagine the best present you could give the kids would be to spend time mucking about with them and not showing them you're stressed.

-taff

More likely the flat was hers to begin with and she bought the house by herself to live in due to some credit irregularity with her husbands credit. Instead of selling she decided to keep it in case she needed it, then the brother needed somewhere to live, so she rented it to him.Then they split up, the husband moved in with the brother. Which means she can still evict the brother, as it still isn't the husbands responsibility to pay the mortgage but it would be for the brother to pay the rent.


All this is still guessing though because the status of the flat is unknown.

Comms69

-taff wrote: »

More likely the flat was hers to begin with and she bought the house by herself to live in due to some credit irregularity with her husbands credit. Instead of selling she decided to keep it in case she needed it, then the brother needed somewhere to live, so she rented it to him. - actually I agree with this being the likely course of events. Which means that she is definitely a landlord. Then they split up, the husband moved in with the brother. Which means she can still evict the brother, as it still isn't the husbands responsibility to pay the mortgage but it would be for the brother to pay the rent.


All this is still guessing though because the status of the flat is unknown.

I agree. A proper answer would rectify this straight away

paddy's_mum

Exactly where are these children to put their decent presents if the roof over their heads is lost?

TBagpuss

OK, Paying the mortgage and avoiding damage to your credit record is your No1 priority. It won't do your children much good if you lose your livelihood. Prioritising gifts over mortgages is madness (and also sets a terrible example for the children who will one day have finances of their own to manage!)

Talk to your solicitor about whether a maintenance pending suit application to try to force your ex to pay your something in the short term might be possible.

Go to the debt free board and ask for help in reducing your other outgoings so you can make ends meet.

Focus on actions not things in terms of your children's presents. Your 17 year old is certainly old enough to understand that you can't afford expensive gifts this Christmas (and that you may be able to give them a non-Christmas gift later, once you are in a clearer position re: the divorce.


You do need to clarify with your solicitor what the position is regarding the flat - is either of them a tenant? If so, you may be able to start eviction proceedings for non payment of rent (but your divorce solicitor is unlikely to be able to advise you about that)

If not, it may be that the issue is that the flat is a matrimonial asset and /or that your husband has claimed matrimonial home rights and has a legal right to occupy it (this may be the case if you and he ever lived there together)

marliepanda

You have been together I am assuming at least 18 years, and married for some of that?

It is not a clear cut as 'your houses' They are marital assets no doubt, and therefore they need to be split during a divorce.

This is a legal issue, you may not be able to evict him from a home which is considered partially his, and you current home is considered partially his also.

You need to get your divorce sorted before the houses can be sorted.

maman

While I understand you wanting to protect your children from the harsh realities OP, surely no Christmas presents are worth your risking your job and home?


I'd suggest having a good talk with your solicitor (or changing the solicitor if they aren't explaining things properly to you), push on with the divorce ASAP and live as frugally as possible in the meantime.

Savvy_Sue

yulita11 wrote: »

2. I strongly believe that I have to reward my children for their great work, and if it coincides with Christmas so be it.

They have to be rewarded for their academical achievements too. Not getting them a presents that they were hoping for all year and actually worked hard for them is simply not fair. What message am I going to be sending them? That it doesn't matter how hard you work, someone can still ruin your dreams and your lifestyle? I simply can't do that to my children. They know about our financial circumstances and they understand but I can still sense the potential disappointment. I'm afraid that their motivation and desire to do well in life will be affected by real life example they are witnessing right now.

Nope, just no. This may be what you believe, but that doesn't make it true or real.

The most important message we teach our children: life is hard, life is tough, life isn't always fair, DEAL WITH IT!

Davesnave wrote: »

The message you appear to be sending them is that bribery is necessary in order for children to work hard and achieve in school.

Many of us know that this is not so. Those who've been up against it financially for a long time, know it's not a practical option either.

Exactly.